These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us.
Information about us and how to contact us
2.1 Who we are. We are Ceraudo Limited, a company registered in Scotland under company registration number SC518650. Our registered office is at 118 Maryhill Road, Glasgow, Scotland, G20 7QS. Our main trading address is 132 Elgin Avenue, London, W9 2NS. Our registered VAT number is 226 4203 39.
2.2 How to contact us. You can contact us by emailing our customer service team at hello@ceraudo.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 Writing includes emails. When we use the words writing or written in these terms, this includes emails.
Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and provide this to you when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products to customers in the UK. Unfortunately, we do not deliver to addresses outside the UK. Please see clauses 6.5, 6.6 and 6.7 for further information, including information on how to make private arrangements to collect our products.
3.5 Minimum age. If you are a consumer, you may only purchase products from our website if you are at least 18 years old.
Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. We make every effort to display the products, including the colours of them, accurately. However we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may not be completely in accordance with those images.
4.2 Vintage products and other products that are not new.
(a) Many of our products are vintage products or otherwise not new, with a history of prior use. Although we have made every effort to be as thorough and accurate as possible in our descriptions and photographs of products, we cannot guarantee that any product will be free of minor imperfections, stains, blemishes, signs of previous alteration or repair, or other defects which may not have been identified in the product description or been shown in the product images. By purchasing a product labelled as a vintage product, or otherwise indicated not to be new, you accept the risk that such defects may be present and you agree that you will not have the right to return the product, claim a refund, or cancel the contract because of any such defect.
(b) Whilst we make every effort to accurately describe the style, design, brand and/or character of our products we make no assurance about the origins, prior ownership, genuineness, authenticity, age or value of any product we sell.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images (if any) on our website.
4.4 Making sure your measurements are accurate. It is your responsibility to check, before ordering, that the items you order will fit into the space you intend to put them. Please allow for an extra 1-2cm on top of the dimensions detailed in the product description. If your item is large then you must check that it can pass freely through doors and corridors and have space to turn. If the item does not fit then, unless this is due to inaccurate measurements provided by us, we will not be liable for any return delivery costs.
Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 concerning your rights to end the contract).
Delivery of the products
6.1 Delivery costs. The costs of delivery and any available options for speed of delivery will be as displayed to you on our website.
6.2 When we will deliver the products. During the order process we will let you know when we will deliver the products to you. In any event we will deliver the products within 21 days of the day on which we accept your order.
6.3 How we will deliver the products. The method of delivery depends on the size of the products and the option chosen by you at the time you made the order. If you choose a palleted delivery service you accept that this will be a door-step delivery only and will not include bringing the product into a building or installing it. You should only select this option if you are happy to install the item with no additional help.
6.4 If you are not at your address when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. In the case of medium and large furniture deliveries we will agree a delivery date with you in advance. You accept that if no one is available at your address to take delivery of large or medium items on the agreed delivery date you may be charged for a second and any subsequent delivery attempt and you will not be entitled to a refund for the first delivery attempt.
6.5 Collection by you or by a courier arranged by you. If you have asked to collect the products from our premises, or if you choose to arrange for a courier to collect the products, you or your courier will be able to collect the products at the date and place which we will agree with you.
6.6 If the delivery address is not within mainland Great Britain (but is within the United Kingdom). Different delivery prices will apply for deliveries to addresses in Northern Ireland, the Channel Isles or other addresses not within mainland Great Britain. A delivery quotation will be sent to you after we receive your payment for the item. If, upon receipt, you wish to proceed with the contract you must send us a payment for delivery within 7 days of the date of the quotation. If you do not wish to proceed with the contract you may cancel the contract for a full refund. Alternatively we can make the product available for collection.
6.7 If the delivery address is outside the United Kingdom. Unfortunately, we are unable to deliver any products to addresses outside the United Kingdom, but we can make the product available for collection.
6.8 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.9 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.10 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us, or you or a courier organised by you collect it from us. We will not be responsible for any delays, damage or loss caused after this time.
6.11 Accepting your delivery. It is important that you examine products carefully before accepting delivery of them. By accepting delivery you agree that the products are undamaged and fit for use at the time of delivery. We will not be responsible for any damage caused after this time (although you may still be able to end the contract and/or return the product – see clause 7).
6.12 When you own products. You own a product once we have received payment in full.
CLAUSE 7 APPLIES ONLY IF YOU ARE A CONSUMER
Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed by us you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back): see clause10;
(b) If you want to end the contract because of something we have done or have told you we are going to do: see clause7.2; or
(c) If you have just changed your mind about the product, see clause7.3. You may be able to get a refund if you are within the cooling-off period described in clause 7.3, but this may be subject to deductions and you will have to pay the costs of return of any product.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the product may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days of delivery (the cooling-off period) and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. This right does not apply to purchases where the price paid (including delivery) is less than £42.00.
CLAUSE 8 APPLIES ONLY IF YOU ARE A CONSUMER
How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. If you want to end the contract with us, and you are within the cooling off period described in clause 7.3 or are cancelling for another reason provided in these terms, please let us know by emailing customer services on hello@ceraudo.com. Please provide your name, home address, details of the order and, where available, your phone number and email address (or email us a copy of the completed cancellation form which can be found in the First Schedule to these terms).
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind you must send off the products to us within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed by us (subject to clause 4); or
(b) if you are ending the contract because we have told you of an error in pricing or description, or because you have a legal right to do so as a result of something we have done wrong.
If you are ending the contract for either of the reasons set out at (a) to (b) above please email customer services on hello@ceraudo.com for a return label or to arrange collection.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. You must arrange for the products to be delivered or posted back to us at Ceraudo Ltd, 88 Greenhill Road, Paisley, Renfrewshire, PA3 1RD, UK.
8.4 What we charge for collection. If you are responsible for the costs of return and we or our courier are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see Delivery & Returns.
8.5 How we will refund you. We will refund you the price you paid for the products, including delivery costs where applicable, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) To claim a refund products must be unused by you and in the same condition in which they were delivered (including original packaging), and remain in a re-sellable condition. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offered you when you made the order, even if you chose to have the product delivered by a more expensive method.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address and, in the case of medium or large items, a mutually agreeable date for delivery;
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(c) in cases where you have been sent a separate quotation for delivery after you have made the initial payment for the products, you do not, within 7 days of the date of the quotation, make a payment for delivery or else notify us that you wish to cancel the contract.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email our customer service team on hello@ceraudo.com.
CLAUSE 10.2 ONLY APPLIES IF YOU ARE A CONSUMER
10.2 Our duty. We are under a legal duty to supply products that are in conformity with this contract.
Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the product you order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
11.3 When you must pay and how you must pay. We accept payment by PayPal, as well as by the following card types: Maestro UK, MasterCard, MasterCard (Debit) and Visa. You must pay for the products at the time of placing your order and, in any event, before we dispatch them.
CLAUSE 12 APPLIES ONLY IF YOU ARE A CONSUMER
Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen; for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
13.1 How we will use your personal information. Any collection or use of your personal data will be done in accordance with our Privacy Policy.
Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may refuse to agree if we reasonably believe that such a transfer will affect our rights or our ability to enforce our rights under the contract. If you are a business then we may, at our absolute discretion, refuse to give consent to such a transfer and we will be under no obligation to provide a reason for doing so.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.7 Online dispute resolution. The European Online Dispute Resolution Platform (the ODR Platform) provides an alternative to legal proceedings whereby an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and you are not happy with how we have handled any complaint, instead of bringing legal proceedings as set out in clause 14.6, you may choose submit your dispute to the ODR Platform for online resolution.
CLAUSE 15 APPLIES ONLY IF YOU ARE A BUSINESS
Other terms applicable to business customers only
15.1 Your authority. You confirm that you have authority to bind any business on whose behalf you use our website to purchase products.
15.2 Entire Agreement. The contract to which these terms apply and any document expressly referred to in these terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
15.3 Non-reliance. You acknowledge that in agreeing to these terms you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.
15.4 No claim for misrepresentation or misstatement. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the contract to which these terms apply.
15.5 Returns. If the products are faulty or misdescribed (subject to clause 4), we will be responsible for the costs of returning the products to us and we will provide you with a refund. In any other circumstance we may, at our absolute discretion, offer a refund; but if such a refund is offered you must arrange to return the products to us at your own cost and risk. We may agree to collect the products subject to you paying the cost of collection.
15.6 Our liability.
(a) Nothing in these terms limits or excludes our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iv) defective products under the Consumer Protection Act 1987; or
(v) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.
(b) Subject to clause 15.6(a), we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for:
(i) any loss of profits, sales, business, or revenue;
(ii) loss or corruption of data, information or software;
(iii) loss of business opportunity;
(iv) loss of anticipated savings;
(v) loss of goodwill; or
(vi) any indirect or consequential loss.
(c) Subject to clause 15.6(a), our total liability to you in respect of all losses arising under or in connection with these terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products to which the dispute relates.
(d) Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to any products you purchase under these terms. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes
THE FIRST SCHEDULE – APPLICABLE ONLY IF YOU ARE A CONSUMER
CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Ceraudo Ltd, 88 Greenhill Road, Paisley, Renfrewshire, PA3 1RD, UK (hello@ceraudo.com).
Order number,
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
